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Research On The Creditability Of People's Jury System

Posted on:2018-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2416330569475653Subject:Law
Abstract/Summary:PDF Full Text Request
As a product of human legal civilization,Jury system is originated in the birthplace of Western civilization,Athens,the largest city of ancient Greece.In contrast,the modern jury system is derived from the UK.Under Jury system,the general public are allowed to participate in the judicial trial,which makes public opinion to be expressed rationally,as a result,the judiciary is able to reflect the public opinion.It can make people get judicial experience and perception,and have a dynamic psychological reflection on the judicial behavior.It is of great significance to promote the trust of the public to the judicature,to realize the trust of the public and to form the judicial credibility.Although there has been the people's jury regime in traditional Chinese legal system,the people's jury system has been used as a tool of political struggle,instead of playing its due role over the past a long history.After the 21 st century,the national legislators began to realize that the people's jury system embodies the judicial value and function of judicial justice,judicial democratization and judicial credibility.They recognized that the current jury system is not mature,and the establishment of the people's jury system is also a far cry from the original intention.However,we cannot deny its great value just because of its incompleteness.Therefore,based on the system itself and the credibility of the value of the theory,this article discusses the history of the people's jury system and the differences between Chinese and Western jury system.Moreover,combining with the people's jury system of credibility of the status quo,this paper analyzes the value of the people's jury system and the reason why it did not play an ultimate role,which aims at proposing recommendations for improving the people's jury system.In addition to the introduction and conclusion this article is divided into four chapters:The first chapter mainly summarizes the credibility of the people's jurors system,defines the concept of the people's jurors system and the credibility of the jury system,interprets the jurisprudential basis of the credibility of the jury system,that is,to promote the public's credit to the public and reaches the public's trust in the judiciary,which then realize the value of judicial credibility.The second chapter primarily discusses the historical evolution of the credibility of the people's jury system,and combines the questionnaire survey and the standardized interview with the social cognition and the recognition degree of the people's juror system,the participation of the people's jurors in the judicial activities to analyze the problems existing in the construction of credibility.The reason is that it cannot effectively achieve judicial justice and can not effectively enhance the judicial trust.The third chapter examines the difference between our country and its jury system,through analyzing the legislation and implementation of the typical civil law system and the Anglo-American legal system.From the perspective of the value of public trust,it concludes some effective enlightenment about the construction of public trust.In the fourth chapter,the author puts forward the countermeasures to improve the credibility construction of the people's jurors system in our country,mainly from the direction of the reform of the basic model,the clear orientation of the legislative level and the improvement of mechanism of the system level.
Keywords/Search Tags:people jury system, credibility, jury system, perfect
PDF Full Text Request
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